Sebolt v. State Road Department

STURGIS, Chief Judge.

This is a suit by the State Road Department to require defendants to remove certain improvements from the right of way of State Road 30 (U.S. 98) and seeking a permanent injunction to prevent them from using any part of said highway except as members of the traveling public. Defendants bring this appeal to review a final decree granting the relief prayed.

By their statement of the points of law involved, appellants contend: (1) That their predecessors in title did not lawfully dedicate a 100-foot or more right of way for the subject road to the state or any other…